BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1319
                                                                  Page  1

          Date of Hearing:   May 1, 2013

                          ASSEMBLY COMMITTEE ON AGRICULTURE
                           Susan Talamantes Eggman, Chair
                    AB 1319 (Eggman) - As Amended:  March 18, 2013
           
          SUBJECT  :  Bovine animals: brucellosis: slaughter: indemnity.

           SUMMARY  :   Revises and recasts indemnity payments for  
          brucellosis reactive and non-reactive cattle, eliminating the  
          state's payment for slaughtered animals.  Specifically,  this  
          bill  :  

          1)Strikes existing language and recasts it stating if an animal  
            is slaughtered pursuant to this article, and indemnity funds  
            are available, the owner can receive part or all of the  
            following:

             a)   Proceeds from the sale of the salvaged animals; and/or,

             b)   Proceeds from the United States Department of  
               Agriculture (USDA) that are authorized to be paid from any  
               appropriation made to assist in the eradication of  
               brucellosis in cattle in this state.

          2)Strikes existing language and recasts it as requiring the  
            value of non-reacting animals slaughtered to be determined by  
            appraisal by a representative California Department of Food  
            and Agriculture (CDFA), or a representative of the  
            Agricultural Research Service of USDA and by the owner or  
            their representative.  If there is disagreement on the  
            valuation, it shall be appraised by the chief appraiser of  
            CDFA or their representative, and that value is determined to  
            be final.

          3)Permits the owner of a non-reactive animals slaughtered  
            pursuant to this article, and if indemnity funds are  
            available, the owner can receive part or all of the following:

             a)   Proceeds from the sale of the salvaged animals; and/or,

             b)   Proceeds from USDA that are authorized to be paid to the  
               owner from any appropriation made to assist in the  
               eradication of brucellosis in cattle in this state.









                                                                  AB 1319
                                                                  Page  2

           EXISTING LAW  authorizes CDFA to establish brucellosis control  
          areas for the eradication of the disease in accordance with  
          uniform methods and rules adopted by USDA; authorizes access to  
          property, except homes, for testing animals and prohibits the  
          interference thereof; and,   provides procedures and  
          requirements for testing and slaughter of animals.  For reactive  
          animals (infected), the statutes provide that valuations are  
          determined by appraisal by CDFA or USDA, and the owner or their  
          agent; provides the owner of the slaughter animal to receive  
          payment from the proceeds of the slaughtered animal as well as  
          from the state, one-half of the difference between appraised  
          value and proceeds of slaughter animal and indemnity by USDA,  
          but never to exceed three hundred ($300) per animal, and from  
          USDA, any sum authorized to be paid from any appropriation made  
          to assist in eradicating brucellosis.  For exposed non-reactive  
          animals, the statutes provide that valuations are determined by  
          appraisal by CDFA or USDA, and the owner or their agent;  
          provides the owner of the slaughtered animal to receive the  
          difference between the appraised value and the proceeds of the  
          slaughtered animal, but shall not exceed four hundred dollars  
          ($400) for grade animals or five hundred dollars ($500) for  
          purebred animals, less the indemnity paid by USDA from any sum  
          authorized to be paid from any appropriation made to assist in  
          eradicating brucellosis.  Statutes provide grounds for  
          non-payment of reactive and non-reactive animals.

           FISCAL EFFECT  :  Unknown.  Legislative Counsel has keyed this  
          bill fiscal.

           COMMENTS  :  Brucellosis is a non-curable, contagious disease of  
          ruminant animals (mainly cattle, bison and swine) that can cause  
          the infected animals to have decreased milk production, weight  
          loss, loss of young, infertility, and lameness, making it one of  
          the most serious diseases of livestock.  This disease, that can  
          spread rapidly and is transmissible to humans, makes it a more  
          serious and costly concern to the state.  Due to these factors,  
          treatment of the disease is by eradication of infected animals  
          and those animals exposed to infected animals or their  
          environment.

          There are no effective means to detect infected animals by their  
          appearance, but by testing blood samples.  The disease is spread  
          by contact with an infected animal or by an infected animal  
          contaminating their environment through discharge of fecal  
          matter or mucus.  Brucellosis incubation period is quite  








                                                                  AB 1319
                                                                  Page  3

          variable, from two weeks, to seven or eight months, or even  
          longer.  The purpose of the control areas is to regulate the  
          movement of animals in order to prevent exposure or contact  
          during the long incubation period.

          The Cooperative State and Federal Brucellosis Eradication  
          Program has been developed to eradicate this disease from the  
          country.  It established uniform methods and rules for states to  
          achieve eradication.  Historically, California had funds to  
          participate in funding eradication but in recent years of budget  
          shortfalls and significant reductions to the state's General  
          Fund and CDFA's budget, these funds have been eliminated.  Due  
          to these facts, the statute needs to be changed to reflect  
          non-state participation in indemnity program funding.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Grain and Feed Association

           Opposition 
           
          None on file.

           
          Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084